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08-03-1954 Regular Meeting 1431 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 3, 1954 A regular meeting of the Miami Shores Village Council was held at 4:00 otclock P.M. , August 3, 1954, at the Village Hall, with the following Councilmen present: Mayor S. D. Phillips, Jr. M. E. Reynolds William-E. Carpenter Michael J. Franco Dean R. Claussen Absent: None Mr. Thomas H. Anderson, Village Attorney, was also present. The following minutes were approved as written by motion duly made and passed: regular meeting of July 20, 1954, Public Hearing of July 20, 1954, Equalization Board meetings of July 21 and July 22, 1954, and a special meeting of July 22, 1954. The first business was the opening of the gasoline bids for the supplying of gasoline to the Village during the next fiscal year. Notice of opening bids was sent to eight oil companies with the following bids received: Orange State -Oil Co. Tankwagon price less $0. 012 per gal. Standard flit Co. Tankwagon price less $0. 0125 Aeroland Oil Co. Tankwagon price B' Sinclair Refining Co. Tankwagon price less $0. 0125 Since we are now using Sinclair gas, Mr. Carpenter moved that we leave the business with Sinclair inasmuch as their price meets all others. Motion was seconded by Mr. Claussen and passed unanimously. 144 1`45 8/3/54 Mr. Roland Allison of 177 N. E. 103rd Street, again appeared before the Council in regard to the Lutheran Church parking lot immediately east of his property. Mr. Allison contends that a variance has been permitted since the parking lot does not adjoin the church property because it crosses a dedicated alley. He further contends that it is prohibited by our zoning ordinance under Section Z-7, Article III - Prohibited uses in residential areas. After further discussion, the Council told Mr. Allison that they did not wish to reverse their previous action in regard to this parking lot as they felt it was necessary that the church use this land to provide off- street parking. Mr. Joseph W. Orchie and his attorney, Mr. Edward F. Boardman, appeared before the Council in regard to Mr. Orchie's application for a zoning variance to permit multiple family use on a building at the rear of his property at 830 N. E. 91st Terrace. Mr. Boardman stated that this is an isolated case and that it is a hardship case inasmuchas Mr. Orchie did not know the zoning laws of the Village at the time he purchased the property. He further stated that the residents in that area do not -object to this use. The Village Manager gave the history of this property and pointed out the various attempts that had been made to convert this building into rental units without permit. It was Mr. Anderson's Opinion that Mr. Orchie hasn"t proven it is a hardship case, that he is claiming a hardship because of his failure to look up the law. Mr. Claussen couldn't see that it was a hardship and thought it would set a very bad precedent at this time and in the future. 14s 1 1 1 147-- -3- 8/3/54 After further discussion, Mr. Carpenter moved that the variance be granted in accordance with Mr. Orchiets petition filed May 20, 1954, namely that said variance will apply only to the building on the rear of the property. The motion was seconded by Mr. Reynolds and passed by a 3/2 vote with Mr. Phillips and Mr. Claussen dis-senting. Mr. Franco then made the statement that he had voted for this variance first, because of the character of the neighborhood, secondly because of the location of the property on the County line and third, because he does not believe a man should be penalized for life for lack of special information. At this point Mr. Carpenter left the meeting. Mr. Robert Miller, who was previously given approval for permit to build an office building for the Prudential Insurance Company on Lot 12, Block 32, Miami Shores Subdivision, appeared before the Council to request permission to make an extension to this building at a future time if requested by his tenant. And in the event of an extension, 50 feet of parking to the east would be necessary which Mr. Miller stated he is willing to use for a parking lot from the 100 feet he is purchasing. Mr. Franco then moved that the permit be granted on the basis of parking being provided for an additional 1000 sq. ft. of usable floor area, or that a minimum of 50 front feet be set aside for parking and that the permit to await suitable evidence of ownership of the parking area east of the alleyway. Motion was seconded by Mr. Reynolds and passed unanimously. Mrs. Oscar Olson presented a petition bearing 12 signatures of parents who request that a fence be erected around the playground at the I48 1-,49 -4- 8/3J54 Community House. The Council stated they would put this in the pians for the overall improvement of the Community House, and it was taken under advisement. Mr. Shinn of the Shun Construction Co. appeared in regard to the construction of a swimming pool on the grounds of the Miami Shores Lodge. Recommendation for approval was giver, by the Planning Board provided it is properly fenced. Discussion followed concerning the type of fence and height. Mr. Claussen moved that permit be given to construct the pool as per plan submitted as of this date subject to a fence being con- structed onstructed before completion of the pool, with a sketch of the fence to be submitted for approval. Motion was seconded by Mr. Reynolds and passed unanimously. Mr. Spencer Rudnick asked if consideration had been given to our regulations concerning real estate signs in the Village, For Sale signs, Open signs, etc. He thought our ordinance should be brought up to date. The Mayor instructed the Village Manager to bring a recommendation in by the first meeting of September. The Village Manager read a letter addressed to Miss Phil1is Kapp in the form of a contract for the handling of the cotillion dances for the coming year. Mr. Claussen: moved that we approve the letter submitted by the Village Manager regarding Miss Phillis Kapp. Mr. Reynolds seconded the motion and it was passed unanimously. A notice of public hearing had been received from the Florida Railroad and Public Utilities Commission concerning a passenger station 150 -5- 8/3/54 to be constructed in North Miami. Mr. Reynolds moved that the Village Attorney be instructed to attend this hearing and voice objection on the part of Miami. Shores Village to a railroad station south of the Dade-Broward County line. Motion was seconded by Mr. Clau.ssen and passed unanimously. This action was taken because the Council feels the railroad should be moved to the west of all urban development. Concerning appointments of Municipal Judges for the coming fiscal year, Mr. Reynolds moved that we re-appoint the three judges as they now stand. Motion was seconded by Mr. Claussen and passed unanimously. No action was taken on the appointment of two Planning Board members. To continue with unfinished business the Mayor called a meeting of the Council for next Tuesday„ August 10th at 7:30 P. M. Instructions were given that an amendment to the zoning ordinance as recommended by Mr. Pomeroy be prepared for adoption at the next regular meeting on August 17th. After a review of the July bills, Mr. Reynolds moved that they be approved. The .motion was seconded by Mr. Franco and passed unanimously. The meeting was adjourned at 6:35 P. M. Deputy Cle Approved: V ge Manager aAd Clerk APPROVED: Mayor ' 152